Incidental Effects Sample Clauses

Incidental Effects. (i) The Parties appreciate that use in a particular field of use may by its nature also provide incidental effects in another field of use. (ii) Each Party hereby agrees that it (or, for clarity, any of its Affiliates or licensees) will not have a cause of action against the other Party if the other Party is practicing in its field of use even if associated incidental effects occur outside such field of use. For clarity, incidental effects shall include any effects that are unavoidably and necessarily required to practice in a field licensed or held by the other Party. (iii) Notwithstanding Section 2.1(d)(ii), a cause of action shall be permitted by a party if the other party markets, advertises or otherwise actively promotes incidental effects that are outside its respective field of use. Moreover, to the extent such marketing, advertisement or promotional activities occurs through a Party’s licensees and end users, such Party agrees to notify in writing such licensees and end users, other than physicians, (and copy the other Party) that such activities are not permitted and could expose such licensee and end users to claims from the other Party or other Third Parties.
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Incidental Effects. A perpetual nonexclusive easement and right to cause within, and to enter or penetrate into or transmit through, any improved or unimproved portion of the Property, or any air space above the ground surface of the Property, such noise, sounds, vibrations, electronic interference, fumes, dust, fuel vapor particles, and all other similar effects that may result from or be related to the ownership, operation or maintenance of the Airport, the use of the Airport by Aircraft, the flight of Aircraft to, from or over the Airport, or the flight of Aircraft over the Property (at heights above the “imaginary surfaces” described in Section 1.1 above), or the taking-off or landing of Aircraft from or at the Airport (collectively, “Incidental Effects”), including, without limitation, any Incidental Effects that may be objectionable or would otherwise constitute a trespass, a permanent or continuing nuisance, personal injury or taking or damage to the Property due to invasiveness, intermittence, frequency, loudness, intensity, toxicity of Aircraft emissions or fuel, interference, emission, odor, annoyance or otherwise.
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Incidental Effects. (i) The Parties appreciate that use in a particular field of use may by its nature also provide incidental effects in another field of use. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (ii) Each Party hereby agrees that it (or, for clarity, any of its Affiliates or licensees) [***]. For clarity, incidental effects shall include any effects that are unavoidably and necessarily required to practice in a field licensed or held by the other Party. (iii) [***] a cause of action shall be permitted by a party if the other party markets, advertises or otherwise actively promotes incidental effects that are outside its respective field of use. Moreover, to the extent such marketing, advertisement or promotional activities occurs through a Party’s licensees and end users, [***].
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Incidental Effects. (i) The Parties appreciate that use in a particular field of use may by its nature also provide incidental effects in another field of use. (ii) Each Party hereby agrees that it (or, for clarity, any of its Affiliates or licensees) [***]. For clarity, incidental effects shall include any effects that are unavoidably and necessarily required to practice in a field licensed or held by the other Party. (iii) Notwithstanding Section 2.1(d)(ii), a cause of action shall be permitted by a party if the other party markets, advertises or otherwise actively promotes incidental effects that are outside its respective field of use. Moreover, to the extent such marketing, advertisement or promotional activities occurs through a Party’s licensees and end users, [***].
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Related to Incidental Effects

  • Mitigation of Harmful Effects To mitigate, to the extent practicable, any harmful effect 8 that is known to CONTRACTOR of a use or disclosure of DHCS PI or PII by CONTRACTOR or its 9 subcontractors in violation of this Personal Information Privacy and Security Contract.

  • FINANCIAL EFFECTS This Agreement will not have any material impact on the issued share capital of the Group and the earnings and net assets of the Group for financial year ending 31 July 2020 but is expected to contribute positively to the earnings of the Nexgram Group during the tenure of the appointment.

  • Personal Effects The Employer agrees to provide adequate lock-up facilities for employees' personal effects, namely purses and/or wallets.

  • Legal Effect This Agreement constitutes, and any instrument or agreement Borrower is required to give under this Agreement when delivered will constitute legal, valid, and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms.

  • No Legal Impediment to Sale No action shall have been taken and no statute, rule, regulation or order shall have been enacted, adopted or issued by any federal, state or foreign governmental or regulatory authority that would, as of the Closing Date or the Additional Closing Date, as the case may be, prevent the sale of the Shares; and no injunction or order of any federal, state or foreign court shall have been issued that would, as of the Closing Date or the Additional Closing Date, as the case may be, prevent the sale of the Shares.

  • Tax Effect The federal tax consequences of stock options are complex and subject to change. Each person should consult with his or her tax advisor before exercising any Option or disposing of any Shares acquired upon the exercise of an Option.

  • Notices Effective From A Notice will be deemed to have been duly given 1 business day after delivery if the Notice is delivered personally, by pre-paid courier or by mail. A Notice that is delivered by facsimile with confirmation of receipt or by email where no delivery failure notification has been received will be deemed to have been duly given 1 business day after the facsimile or email was sent.

  • Integration; Effectiveness This Agreement, the other Loan Documents, and any separate letter agreements with respect to fees payable to the Administrative Agent or any L/C Issuer, constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.01, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof that, when taken together, bear the signatures of each of the other parties hereto, and thereafter shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

  • When Effective A notice or other communication that is e-mailed is effective when sent provided the sender receives an acknowledgement from the intended recipient (e.g. return receipt, return e-mail, or other written acknowledgement). A notice or other communication that is personally served is effective when personally delivered. A notice or other communication that is mailed is effective 3 calendar days after deposit in the United States mail.

  • Effect of Change of Control Notwithstanding the other provisions of Paragraph 9.3, in the event that: (i) the Company terminates the Executive’s employment without Cause in anticipation of, or pursuant to a notice of termination delivered to the Executive within 24 months after, a Change in Control; (ii) the Executive terminates his employment for Good Reason pursuant to a notice of termination delivered to the Company in anticipation of, or within 24 months after, a Change in Control; or (iii) the Company fails to renew this Agreement in anticipation of, or within 24 months after, a Change of Control, the Company shall have no further obligation to the Executive under this Agreement or otherwise, except the Executive shall be entitled to receive the Accrued Obligations and the following benefits: (a) the Company shall pay to the Executive, within 30 days following the Executive’s Separation from Service (as defined below), a lump-sum cash amount equal to: (i) two times the sum of (A) his Salary then in effect and (B) 75% of his then current Salary; plus (ii) a bonus for the then current fiscal year equal to 75% of his Salary (irrespective of whether performance objectives have been achieved); plus (iii) if such notice is given within the first 12 months after the date first set forth above, then, the Salary the Executive should have been paid from the date of termination through the end of such 12 month period, provided, however, that in the event of a termination for Good Reason pursuant to Clause Paragraph 15.1(h)(ii), the annual salary used for computation under this Paragraph 9.4(a) shall be the one in effect prior to the reduction referred to in Paragraph 15.1(h)(ii); and (b) during the portion, if any, of the 24-month period (unless otherwise limited by COBRA or similar state law) commencing on the date of the Executive’s Separation from Service (as defined below) that the Executive is eligible to elect and elects to continue coverage for himself and his eligible dependents under the Company’s or an affiliate’s group heath plan pursuant to COBRA or similar state law, the Company shall reimburse the Executive on a monthly basis for the difference between the amount the Executive pays to effect and continue such coverage and the employee contribution amount that active senior executive employees of the Company pay for the same or similar coverage. For purposes of this Agreement, a Change of Control shall not be considered to be anticipated unless (a) the sale of the Company is being actively marketed, (b) a letter of intent outlining provisional sale terms and conditions are being negotiated and/or have been offered and/or exchanged, (c) nondisclosure/confidentiality agreements have been proposed to allow further due diligence for a prospective buyer(s) of the Company and/or its assets, and/or (d) a contract for the sale/purchase of the Company and/or its assets is being/has been negotiated or has been executed.

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